A Research On The Competing Relations Of Movable Security

The competing relations of movable security included three meanings: two or more of the moveable security exist in the same movable property; the personal property security interests exist at the same time; they provide guarantees for different claim performances. And the characteristics of the phenomenon, time, reason, legal relationship, effect also determine the title of the competing relations of movable security is more suitable than the coexistence of movable property on the picture of the conflict, more accurately on reflecting rank relations of the personal property security interests. The competing relation of movable security includes same competing relations, different types of the competing relations of movable security. When same competing relations of movable security occurred, we follow the establishment of the earlier registration and the principle of same time and same order. Different types of The competing relations of movable security includes the competing security interest between mortgage, pledge and lien.The key is to find the right rules to deal with the different priority issues. The most fundamental standpoint should be interest measures to balance the interests and to determine the competing relations based on maintaining order and stability of the property. As for when the priority and movable security competes in the same movable property, then the firstly we need distinguish priority between general and special. For the general priority, the distinction between personal property security interests combined with the situation of general priority is important. And because special priority is for the special debtor's right, so we should find the types firstly, and make the competing relations according to the publicity principle.